Maimunah's Column

Maimunah Aminuddin is a retired Professor from the Faculty of Business Management, University Teknologi MARA (UiTM) with vast experience in the areas of management and human resources. She is a fellow of the Malaysian Institute of Human Resource Management (MIHRM) with expertise in the areas of employment, labour and industrial relations laws. She has authored numerous publications in the aforesaid areas, such as the Essentials of Employment and Industrial Relations (2009) and Termination of Employment - Understanding the Process, which was revised in 2012 and is in its 2nd Edition. Her latest book, the Employment Law Manual for Practitioners, was published in October 2013.

Queries and comments may be sent to the columnist at letters@mylawbox.com with the sender’s full name and e-mail address.

Guide to the Employment Act 1955

All employers who employ people to work in Peninsular Malaysia must comply with the Employment Act 1955. This key piece of labour legislation applies mostly to workers earning not more than RM2,000 per month, but also, since the 2012 amendments, includes sections which apply to all employees. The topics in the Guide are offered in alphabetical order and are written in a manner that they can be understood by readers without legal training. Each topic is divided into sub-headings in the form of questions. All sections of the Act are included but with particular emphasis on Absence from Work, Annual Leave, Coverage of Scope of the Act, Foreign Employees, the Labour Court, Maternity Leave, Sexual Harassment and Wages. The relevant section in the Act is listed and examples of court judgements are provided. The Guide also provides a brief overview of the Labour Ordinances of Sabah and Sarawak and the Employment (Part-time Employees) Regulations 2010.

Guide to the Industrial Relations System

The Industrial Relations Act 1967 and the Trade Unions Act 1959, together create the boundaries for the industrial relations system. Employers, employees and trade unions throughout Malaysia are required to comply with these two Acts. The Guide provides topics in alphabetical order which explain and illustrate by case examples the requirements of the two Acts. All sections of the Acts are included, with emphasis on Collective Bargaining, Collective Agreements, Functions of the Department of Industrial Relations, Functions of the Department of Trade Unions, Penalties, Pickets, Recognition of a Trade Union, Role of the Minister of Human Resources, Strikes, Trade Disputes and Trade Unions. Each topic is divided into sub-topics for easy reading.

Practical HR Management

Practical HR Management provides insight into topics such as hiring, firing, privacy, discrimination, sexual harassment and more. It features real scenarios and insightful commentary from leading industry experts and employment law practitioners. Discover techniques you can use to engage your employees in your workforce to drive results for both your organization and your employees. Find answers to your employee problems from practitioners who face the same labour and HR challenges you have every day.

Cases Highlight

LEE LILY v. NOVARTIS CORPORATION (MALAYSIA) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
BERNARD JOHN KANNY
EMPLOYERS’ PANEL: JAMILIN TIASAN
EMPLOYEES’ PANEL: KAMARUL BAHARIN
AWARD NO. 832 OF 2019 [CASE NO: 29/6-3112/18]
1 MARCH 2019


HAIKHIDIL JAMALUDIN v. HICOM AUTOMOTIVE MANUFACTURERS (MALAYSIA) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 835 OF 2019 [CASE NO: 30(11)/4-542/2017]
1 MARCH 2019

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Article Highlight

SWISS COURT DECLARES UBER DRIVER 'EMPLOYEE NOT CONTRACTOR
EUROPE 
Employment 
Former Uber driver held to be employee in potentially landmark decision
The ruling by the labour court in Lausanne, which has not been made public, is the first of its kind in Switzerland, labour lawyer Remy Wyler told the AFP news agency. Between April 2015 and December 2016 the driver was logged in to the UberPop app for more than 5,600 hours and completed more than 9,000 trips.

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ENERGY GIANT FINED £230,000 FOR UNFAIRLY DISMISSING EMPLOYEE THAT ‘HR DIDN’T KNOW HOW TO DEAL WITH’
UK
Employment
No substantial reason to justify energy trader's dismissal
One of the UK’s largest energy providers has been ordered to pay an employee £230,000 for unfair dismissal after an HR process a judge said was "reminiscent of a show trial in the former Soviet Union". Scottish and Southern Energy (SSE) said Donald Nutt, who had worked at the firm for 16 years before his dismissal in October 2014, was laid off because of “a breakdown in trust and confidence” between him and his employer.

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Global Media Reports

MALAYSIA

Ban political ownership of news media, says MTUC
Free Malaysia Today | 13-May-2019
PETALING JAYA: The Malaysian Trades Union Congress has urged the government to outlaw political ownership of news media so that employees do not becom...

Pay more to keep local workers here, says MP
Free Malaysia Today | 13-May-2019
PETALING JAYA: An MP and a unionist have questioned the need to send Malaysian blue-collar workers to Japan, urging the government to look into raisin...

ASEAN

Amnesty for Reuters reporters seen easing EU trade tensions
Myanmar Times | 13-May-2019
The release of two Reuters reporters and some 20 other political prisoners may help ease tensions with the EU but the government will need to do more ...

Three more people detained as China continues to crack down on labour groups
South China Morning Post | 13-May-2019
China’s crackdown on organisations that support migrant workers continued apace this week with the detention of at least three NGO workers in police r...

WORLD

Mexican Senate passes Labour overhaul to ensure union freedom
Rockland Register | 13-May-2019
Mexico’s Senate has approved a labour law overhaul directed at ensuring workers can vote for their union representation and contracts. ...

Laird Cronk: Labour law changes help restore fairness and balance
The Province | 13-May-2019
Proposed changes to B.C. labour laws will make a real difference for workers, particularly the most vulnerable — children, new Canadians, and the work...

See all previous Global Media Reports

New! LLB Bulletin #05/2019